April, 2008 – Matthew Small, Blackboard’s Chief Legal Officer:
“Certainly we believe the reexamination process is a healthy process. It serves to generally strengthen patents, and this case is no different.”

Yesterday, despite Blackboard’s prior assertions (including on its own website) about welcoming the re-examination of their patent, Blackboard has now requested that the Patent and Trademark Office stop its re-examination of the patent. We will leave it to others to speculate about the reasons for Blackboard’s change of heart.

Note: we have not yet received the exhibits that the filing to which the filing refers. When we do receive them, we will post them. (As an aside, we’re still awaiting the exhibits to Blackboard’s response to the PTO’s rejection – they, too, will be posted upon receipt.)

It looks like D2L wants to pursue this through the USPTO while Blackboard wants to go through the US Court of Appeals. Each is trying to petition one body or other to suspend what could be duplicative processes.